Discovery in criminal cases; penalties. (HB873)

Introduced By

Del. Jeff Bourne (D-Richmond) with support from co-patron Del. Lamont Bagby (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Discovery in criminal cases. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides that discovery shall be provided at a reasonable time before trial but that in no case shall it be provided later than (i) 14 days before trial on a misdemeanor in circuit court, (ii) 30 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of 30 years or less, or (iii) 90 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of more than 30 years. The bill also provides a mechanism for redaction of certain personal identifying information and creates a procedure for either party to move the court to enter a protection order with regard to discovery. Finally, the bill grants the court the ability to impose various remedies it deems just if a party fails to comply with any of the requirements. This bill incorporates HB 1153. Read the Bill »

Status

02/12/2020: In Committee

History

DateAction
01/07/2020Committee
01/07/2020Prefiled and ordered printed; offered 01/08/20 20101904D
01/07/2020Referred to Committee for Courts of Justice
01/08/2020Impact statement from VCSC (HB873)
02/04/2020Impact statement from DPB (HB873)
02/04/2020Assigned Courts sub: Criminal
02/07/2020Subcommittee recommends reporting (5-Y 0-N)
02/07/2020Reported from Courts of Justice with substitute (10-Y 7-N) (see vote tally)
02/07/2020Committee substitute printed 20107766D-H1
02/07/2020Incorporates HB1153 (Lopez)
02/09/2020Read first time
02/10/2020Read second time
02/10/2020Committee substitute agreed to 20107766D-H1
02/10/2020Engrossed by House - committee substitute HB873H1
02/11/2020Read third time and passed House (56-Y 44-N)
02/11/2020VOTE: Passage (56-Y 44-N) (see vote tally)
02/12/2020Constitutional reading dispensed
02/12/2020Referred to Committee on the Judiciary
02/17/2020Impact statement from DPB (HB873H1)

Hearing Scheduled

This bill is scheduled to be heard in the Senate Judiciary committee on 02/24/2020. It meets on Monday, 8:00 A.M. and Wednesday, 1/2 hour after adjournment - Senate Room B.

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